Court marriages differ from traditional marriages in India since it is held in a law court in front of a marriage officer and do not follow the customs of traditional marriage, regardless of religion. In the presence of three witnesses, two individuals are eligible to marry each other. No traditional celebrations are necessary to solemnize the wedding. Rather, in India, for court marriage to be legitimate, The presence of a marriage registrar and witnesses is necessary. The only criterion is that it must meet the fundamentals of the Special Marriage Act, 1954.
The Procedure of Court Marriage in India
Court marriages in India can be completed in six simple steps. A court marriage is performed in accordance with the Special Marriage Act of 1954. The act establishes the court marriage age, court marriage prerequisites, documentation, expenses, and the complete court marriage process.
Rules and Regulations of Court Marriage
The rules and regulations of cour marriage specify conditions that must meet in order to proceed with the court marriage process. The following are the court marriage rules outlined in Section 4 of the Special Marriage Act:
- There should be no pre-existing marriage of neither a male nor a female unless the prior spouse is deceased or divorce has been received from the previous spouse.
- The parties should give their free consent for a judicial marriage, which means that none of the parties should be unable of giving legal consent owing to insanity or any other reason.
- The parties should be eligible to marry, which means they must be of legal marriage age.
- Under the restricted degrees of marriage, the parties to the marriage should not be related to each other.
The Procedure of the Court Marriage
The process of court marriage can be widely classified into the six steps, as stated under Chapter II of the Special Marriage Act, 1954. The following are the details of these steps:
Step 1: Notice of Intended Marriage
This is the first stage in a judicial marriage, and it must be given in accordance with Section 5 of the Special Marriage Act. The parties must provide written notification to the marriage registrar stating their intention to marry each other. Before sending the notice, the notice must be sent to the marriage registrar office in whose district either of the parties to the court marriage has stayed for a minimum of 30 days.
Step 2: Publishing of Notice
The marriage officer must publish the notice sent to the marriage registrar office by attaching it to a visible place in his office and keeping the original copy of the notice in his notice book. If the notice of intention to marry has been sent to the wrong marriage registrar’s office, the registrar must forward it to the office in whose jurisdiction the parties live so that it can be published in the proper place.
Step 3: Objection to Marriage
According to Section 7 of the Special Marriage Act, anyone who has an issue with the intended marriage has 30 days from the date of the marriage registrar’s publication of notice to make the objection. If the marriage registrar determines that the couples’ objection to court marriage is valid. In that case, the court marriage procedure will be terminated, and the parties will not go ahead with the process. Yet, if they determine that the objection is baseless, they will proceed with the court-ordered marriage registration process. If the marriage registrar sustains the objection, the parties can submit a district court appeal against the order to the marriage officer/registrar.
Step 4: Parties and Witnesses Declaration
As stated in the court marriage guidelines, the next step is the parties and witnesses declaration. Before finalising the court marriage, the court marriage form must be signed by the parties, with three witnesses testifying that the parties are marrying with their consent. Then in the presence of the marriage registrar, the declaration court marriage form must be signed.
Step 5: Place and form of Solemnization
According to Section 12 of the Special Marriage Act, the court marriage can be solemnised at the marriage registrar’s office or any other location within a reasonable distance. Solemnization of the marriage can be done by submitting an online court marriage application and paying the court marriage fees.
Step 6: Court Marriage Certificate
When the marriage is solemnized as per the rules and regulations of court marriage, the marriage registrar will fill the marriage details in the marriage certificate according to Schedule IV of the Special Marriage Act. After the signatures of the parties and witnesses, the court marriage certificate is evidence of a legitimate marriage of the parties.
Documents Required for Court Marriage in India
For a court marriage, several documents are required. The court marriage cannot be solemnized without these documents. The following is a list of documents needed for a court marriage from both the bride and groom:
- A complete form of the application signed by both the bride and groom
- A receipt of the fees paid, as well as the application form
- Date of birth proof from both the bride and the groom (class 10th mark sheet, as well as a passing certificate/passport/birth certificate)
- Individual affidavits from both the bride and the groom
- Proof of residential address (Aadhaar card//ration card/voter ID card/driving licence)
The court marriage affidavit should include the following information on court marriage:
- Date of birth
- Marital status (whether single, married, divorced, or widowed)
- A statement stating that the parties are not connected to each other under the prohibited degree of relationships.
- Two passport size photographs of both the bride and the groom
- In the case of a divorcee, a copy of the divorce decree/order, and in the case of a widow/widower, a copy of the spouse’s death certificate
Documents required for witness in court marriage
- One passport-size photo from each of the three witnesses to the marriage
- The witnesses’ PAN card
- An identifying document for the witnesses, such as a driver’s licence or an Aadhaar card, etc.